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English Pages [257] Year 2015
Canada: The State of the Federation 2012
Regions, Resources, and Resiliency Edited by
Loleen Berdahl, André Juneau, and Carolyn Hughes Tuohy
Institute of Intergovernmental Relations Queen’s Policy Studies Series School of Policy Studies, Queen’s University McGill-Queen’s University Press Montreal & Kingston • London • Ithaca
The Institute of Intergovernmental Relations
The Institute is the only academic organization in Canada whose mandate is solely to promote research and communication on the challenges facing the federal system. Current research interests include fiscal federalism, health policy, the reform of federal political institutions and the machinery of federal-provincial relations, Canadian federalism and the global economy, and comparative federalism. The Institute pursues these objectives through research conducted by its own associates and other scholars, through its publication program, and through seminars and conferences. The Institute links academics and practitioners of federalism in federal, provincial, and territorial governments and the private sector. The Institute of Intergovernmental Relations receives ongoing financial support from the J. A. Corry Memorial Endowment Fund, the Royal Bank of Canada Endowment Fund, and the governments of Manitoba and Ontario. We are grateful for this support, which enables the Institute to sustain its program of research, publication, and related activities. L’Institut des relations intergouvernementales
L’Institut est le seul organisme universitaire canadien à se consacrer exclusivement à la recherche et aux échanges sur les enjeux du fédéralisme. Les priorités de recherche de l’Institut portent présentement sur le fédéralisme fiscal, la santé, la modification des institutions politiques fédérales, les mécanismes des relations fédérales-provinciales, le fédéralisme canadien dans l’économie mondiale et le fédéralisme comparatif. L’Institut réalise ses objectifs par le biais de recherches effectuées par des chercheurs de l’Université Queen’s et d’ailleurs, de même que par des congrès et des colloques. L’Institut sert de lien entre les universitaires, les fonctionnaires fédéraux, provinciaux et territoriaux et le secteur privé. L’Institut des relations intergouvernementales reçoit l’appui financier du J. A. Corry Memorial Endowment Fund, de la Fondation de la Banque Royale du Canada, et des gouvernements du Manitoba et de l’Ontario. Nous les remercions de cet appui qui permet à l’Institut de poursuivre son programme de recherche et de publication ainsi que ses activités connexes. ISSN 0827-0708 ISBN 978-1-55339-210-1 (pbk.) ISBN 978-1-55339-211-8 (epub) ISBN 978-1-55339-212-5 (pdf) © Copyright 2015 Institute of Intergovernmental Relations, School of Policy Studies, Queen’s University at Kingston, Canada
Contents
v
Preface
ix
Contributors
I
Introduction
3 1. Regions, Resources, and Resiliency: Introduction and Overview Loleen Berdahl, Carolyn Hughes Tuohy, and André Juneau
II Regions and Resources: Setting the Stage
9 2. Go with the Flow: The (Im)plausibility of a Grand Canadian Intergovernmental Bargain on Energy Policy and Strategy Christian Leuprecht 23 3. Terms-of-Trade Changes, the Dutch Disease, and Canadian Provincial Disparity Serge Coulombe
III Energy and Equalization
39 4. A National Energy Strategy for Canada: Golden Age or Golden Cage of Energy Federalism? Monica Gattinger 71 5. Surplus Recycling and the Canadian Federation: The Horizontal Fiscal Balance Dimension Thomas J. Courchene 99 6. Equalization and the Politics of Natural Resources: Balancing Provincial Autonomy and Territorial Solidarity Daniel Béland and André Lecours
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IV Resources and Resiliency: Institutional Considerations
119 7. Comparing Intergovernmental Institutions in Human Capital Development Donna E. Wood 145 8. Le Gouvernement régional d’Eeyou Istchee-Baie-James : une forme novatrice de gouvernance consensuelle au Canada Geneviève Motard 165 9. The Politics of Regions and Resources in Australia Douglas Brown
V Identity and Resiliency
189 10. Guarding the Nation: Reconfiguring Canada in an Era of Neo-Conservatism Tim Nieguth and Tracey Raney 11. Being Canadian Today: Images in a Fractured Mirror 211 Frank Graves, Jeff Smith, and Michael Valpy
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Preface
The Institute of Intergovernmental Relations has a tradition of entering into partnerships for many of its projects. In this instance, we worked with a group of senior scholars at the University of Toronto. The theme for this book emerged in early 2012 from exchanges and conversations triggered by Richard Simeon following the opinion of the Supreme Court of Canada on a national securities regulator. As Richard, David Cameron, Carolyn Hughes Tuohy, and I contemplated holding a conference on the implications of the Court’s opinion, we realized that we needed to look beyond that relatively narrow issue to consider what Richard called the changing landscape of Canada’s political economy. Carolyn Tuohy then agreed to “represent” her colleagues in designing the conference and the publication, and the University of Toronto School of Public Policy and Governance became a cosponsor of the event. It is fitting that the book that results from those discussions and the conference is dedicated to Richard Simeon, the outstanding scholar of federalism and former director of the Institute, who passed away in October 2013. The dedication follows this preface. I am pleased that we avoided an obvious central Canada bias by asking Professor Loleen Berdahl, of the University of Saskatchewan, to be the lead on the conference and the lead editor of this book with the support of Carolyn Tuohy and myself. I thank both of them for being such good partners. Regional resource disparities and the tensions they generate are a perennial Canadian topic. Governments, unfortunately but not surprisingly, are reluctant to tackle these issues. This imposes an even greater responsibility on universities and think tanks to study and understand these issues and to disseminate the work of scholars whose chapters are in this book. On behalf of the editors, I would like to thank the authors for their contributions and the anonymous reviewers who commented on selected chapters. We also want to thank other participants who contributed much to our conference as chairs or as panelists: André Pratte, Greg Marchildon, Andrew Coyne, André Plourde, Roger Gibbins, Elizabeth Beale, David Cameron, George Anderson, Jim Carr, Don Drummond, Keith Banting, and Dylan Jones. I want to thank our sponsor, COGECO, for a second year in a row. Finally, we want to thank Mary Kennedy for, as usual, her invaluable assistance in conference organization and all matters of follow-up, and Ellie Barton, Valerie Jarus, and Mark Howes, from the publications unit of the School of Policy Studies, for their work on this volume. André Juneau Director v
vi Photo by Stephen Simeon
Richard Simeon (1943–2013)
Most readers of a book on the state of the federation will know, sadly, that Richard Simeon passed away on October 11, 2013. Richard was one of Canada’s most distinguished political scientists, and his fellow students of federalism are proud that his well-deserved reputation came about largely because of his work on federalism in Canada and abroad. The editors of this book, Loleen Berdahl, Carolyn Hughes Tuohy, and I, have dedicated this book to Richard. Richard Simeon was recruited to Queen’s University in 1968 by Professor John Meisel to teach political science. He was already famous for his Yale University PhD dissertation on federal-provincial diplomacy, a phrase he coined. He became the director of the Institute of Intergovernmental Relations in 1976. He wrote recently that Ron Watts had given him the best job of his life.1 As director for seven years, he guided the Institute to play an influential role during one of the most difficult periods for Canadian national unity. Working with his existing network and creating new ones, he was tireless in seeking to promote an understanding both of the tensions and of the potential avenues for the future of the country. From 1985 to 1991, Richard was the director of the School of Public Administration (now known as the School of Policy Studies). This appointment reflected another one of his deep interests, the making of public policy. A central question for him was, “How does federalism matter for equality, for social justice, for addressing contemporary challenges in a timely and effective fashion?”2 This of course remains more than ever a crucial question. In 1991, Richard left Queen’s and went to the University of Toronto, but he continued to be a friend and an advisor to the Institute. His role in the design of the 2012 State of the Federation conference is outlined in the preface to this book. Throughout his academic career, Richard Simeon remained a public intellectual in the best meaning of that term. He made important contributions to public policy “Reflections on a Federalist Life,” in The Global Promise of Federalism, eds. Grace Skogstad, David Cameron, Martin Papillon, and Keith Banting (Toronto: University of Toronto Press, 2013), 279. 2 Ibid., 284. 1
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and federalism by advising governments in Canada and abroad in a wide range of ways. To name just a few, he was a research coordinator for the Macdonald Commission on the Economic Union and Development Prospects for Canada, he was one of Premier Peterson’s advisors on the Meech Lake Accord, he worked with Al Johnson in South Africa and, through the Forum of Federations, in many other countries in the developing world. We will miss him and take comfort in the ongoing contributions to the study and practice of federalism by his many students. André Juneau
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CONTRIBUTORS
Daniel Béland holds the Canada Research Chair in Public Policy (Tier 1) at the Johnson-Shoyama Graduate School of Public Policy (University of Saskatchewan campus). Loleen Berdahl is an associate professor of political studies at the University of Saskatchewan. Douglas Brown is associate professor in the Department of Political Science at St. Francis Xavier University. He is a fellow and former executive director (1993–96) of the Institute of Intergovernmental Relations. Serge Coulombe is professor of economics at the University of Ottawa, his base since 1982. His recent research on the Dutch disease has been at the centre stage of the Canadian economic policy debate. In 2009, he won the University of Ottawa President’s Award for Media Relations. Thomas J. Courchene is an adjunct professor in the School of Policy Studies, Queen’s University and a former director of the Institute of Intergovernmental Relations in the Queen’s School of Policy Studies. He is also senior scholar at the Institute for Research on Public Policy (Montreal). Monica Gattinger is associate professor at the University of Ottawa’s School of Political Studies and chair of the university’s Collaboratory on Energy Research and Policy. Frank L. Graves is the founder and president of EKOS Research Associates Inc. He is one of Canada’s leading experts on public attitudes and public policy. He was recently awarded a fellowship in the Market Research and Intelligence Association, its highest award for lifetime achievement. André Juneau is a fellow of the Institute of Intergovernmental Relations at Queen’s University. He served as the Institute’s director from March 2010 to December 2013. In a 34-year career in the Government of Canada, his main interests were social policy and intergovernmental relations. André Lecours is professor in the School of Political Studies at the University of Ottawa. ix
Christian Leuprecht is associate dean of the Faculty of Arts and associate professor of political science at the Royal Military College of Canada. He is cross-appointed to the Department of Political Studies and the School of Policy Studies at Queen’s University, where he is also a fellow at the Institute of Intergovernmental Relations. Geneviève Motard is professor of constitutional and aboriginal law at the Faculty of Law, Université Laval, Québec. Tim Nieguth is associate professor in the Department of Political Science, Laurentian University. Tracey Raney is associate professor in the Department of Politics and Public Administration at Ryerson University. In 2013, she was awarded the Jill Vickers prize for the best paper presented on gender and politics at the 2012 Canadian Political Science Association annual meeting. Jeff Smith is a senior consultant with EKOS Research Associates Inc. A seasoned public opinion researcher, he has devoted much of his career to asking Canadians about their views on everything from the economy to health care to security. Carolyn Hughes Tuohy is a professor emeritus of political science and senior fellow in the School of Public Policy and Governance at the University of Toronto. She is a fellow of the Royal Society of Canada. Michael Valpy is a journalist, senior fellow at Massey College, and fellow of the School of Public Policy and Governance at the University of Toronto. Donna E. Wood is an adjunct assistant professor in the Department of Political Science at the University of Victoria. She is co-editor of the June 2013 special issue of Canadian Public Administration, “Comparing Modes of Governance in Canada and the European Union: Social Policy in Multilevel Systems.”
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I Introduction
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1 Regions, Resources, and Resiliency: Introduction and OverView Loleen Berdahl, Carolyn Hughes Tuohy, and André Juneau
As recent Canadian debates about resource development, “Dutch disease,” and employment insurance demonstrate, regional tensions remain alive and well in the Canadian federation. Past regional disputes often centred on questions of federal government “fairness” to particular provinces, most notably Quebec. The outcome of the 2012 Quebec election has not yet significantly reopened and broadened those debates, presumably because of the challenges faced by the minority government. In any event, the economic, political, and social implications of the unequal distribution of natural and human resources among provinces will remain. In the current market, natural resource–rich provinces, including Alberta, Saskatchewan, and Newfoundland and Labrador, enjoy fiscal capacities far superior to other provinces, and wrestle with labour market supply challenges. At the same time, provinces with fewer natural resource industries, including Ontario and Quebec, struggle with manufacturing industry decline and relatively high unemployment. Such differences lead to (often heated) discussions about the impact of natural resource economies on the value of the dollar, the appropriate model for employment insurance, and the federal equalization program, among other issues. The State of the Federation 2012 conference, held in Kingston on November 30 – December 1, 2012, brought together academics, policy-makers, and politicians to engage in a constructive dialogue about regionalism, resources, and the resiliency of the Canadian federal system. Questions considered included the following: • How do provincial and regional differences in economic capacity impact on Canadian federalism? Do the current economic strains represent a unique
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Loleen Berdahl, Carolyn Hughes Tuohy, and André Juneau
• • • • • •
challenge to Canadian national unity, or do they simply reflect the country’s long history of regionalism? To what extent do Canada’s natural resource industries benefit the Canadian economy? To what extent do they create pressures for other industries? Do Canada’s federal institutions hinder or promote the ability of the economy to respond to global economic shifts? Should Canada pursue national policy approaches, such as a Canadian energy strategy, in areas of provincial or concurrent jurisdiction? If so, what approaches are needed and how can they be achieved? Do current intergovernmental structures allow for constructive dialogue about national policy issues? Are other institutional arrangements required? Does Canada need new concepts of provincial and regional “fairness” and “equity”? What lessons, if any, might be learned from other federal systems? What lessons might be learned from Canada’s past?
This volume includes the papers that were presented at the conference. The conference discussants and participants provided valuable feedback to the authors. While the theme of the conference sought to broaden the debate beyond the consequences of natural resource disparities, in one way or another more than half the chapters touch on energy issues. The Leuprecht, Coulombe, Gattinger, and Courchene chapters are very focused on energy. The chapters by Béland and Lecours, and by Brown, necessarily deal with energy but not as their sole issue. Andrew Coyne’s luncheon speech, not reproduced in this book, vigorously challenged the need for an energy strategy. Functional institutions in a federal or multilevel context are an essential requirement for the effective resolution of issues, a point illustrated by the Wood and Motard chapters. Unexpectedly, the latter chapter, on the Quebec-Cree regional government agreements, previews the theme of the 2013 State of the Federation conference, namely, multilevel Aboriginal governance. Finally, the chapters by Nieguth and Raney, and by Graves, Smith, and Valpy, remind us that Canada is not only about physical disparities but about common and not-so-common identities and values. Another way to view this volume is that it continues to assess a question raised in the State of the Federation 2011 conference, namely, whether and to what extent there is and will be, again, a shift in the balance between federal and provincial governments, a shift in influence, and a shift in leadership. Implicit in a number of chapters, and more explicit in the discussion at the conference itself, however, are a set of underlying questions about the relationship of state and society. Throughout our discussions, participants pointed to the importance of trust and moral legitimacy for the operation of our federal institutions. This emphasis on legitimacy raises the question of the extent to which federal institutions are reinforced or, conversely,
Regions, Resources, and Resiliency: Introduction and Overview
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placed under stress by societal structures. We need, that is, to consider the degree of federalism in Canadian society. • Does the structure of networks, identities, social institutions, and markets make for a “federal society”? • What social institutions or networks buttress or frustrate structures of federal governance? Have recent developments strengthened or weakened these networks? One of the panelists, Jim Carr, for example, spoke about the process leading to the “Winnipeg consensus” around a national energy strategy, a process that involved representatives from think tanks and business associations. Wood, conversely, noted the withdrawal of federal funding from and consequent weakening of a number of intermediary organizations in the labour market and social services policy arenas. • What tensions exist between market flows and federal institutions and policies, and how can these tensions be managed? Leuprecht’s chapter treats the tensions between transborder energy flows and territorial institutions of governance as presenting problems of maintaining institutional equilibria. These problems in turn raise the question of how, if at all, institutions or intergovernmental relations should be adapted to market flows in the energy arena – for example, should they be managed through the development of cap-and-trade regimes involving particular subsets of jurisdictions within and across the Canadian and American federations? • To what extent will market and society responses be able to address the concerns that motivated this conference without change in or action through institutions of intergovernmental relations? For example, Elizabeth Beale, in discussing the economies of the Atlantic provinces from the perspective of the Atlantic Provinces Economic Council, suggested that some of the economic stresses within the federation will be eased as firms adapt to changes in terms of trade. Coulombe, however, in his chapter on “Dutch disease,” is more circumspect, drawing attention to the costs of such adjustment. At the very least, differences in the terms of trade across provinces will strain the federation in the course of an acute episode of costly adjustment. At worse these differences will result in a chronic problem of Dutch disease. One real test of the dynamics of state-society relations within the Canadian federation will be the capacity to act on an imperative recognized by all participants at the conference: the need to adopt a price on carbon and to manage disparities in the resulting revenue flows.
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II Regions and Resources: Setting the Stage
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2 GO WITH THE FLOW: THE (IM)PLAUSIBILITY OF A GRAND CANADIAN INTERGOVERNMENTAL BARGAIN ON ENERGY POLICY AND STRATEGY Christian Leuprecht
The premise of this chapter is the disconnect between energy flows and the systems of governance to which they are subject. Globalization harnesses differentials in the way cities, regions, countries, and continents are endowed with resources. The result is a vast and growing set of real and virtual flows across jurisdictions. Because these flows cross jurisdictional boundaries, their regulation may cause horizontal and vertical collective-action problems among multiple levels of government. The actual and required constitutional powers necessary for effective regulation may be misaligned across jurisdictions and selectively deployed in ways that further exacerbate regional differences. Agnew (1994) refers to the political consequences of this disconnect as the “territorial trap.” In Canada, this is particular striking with respect to the production, distribution, and consumption of energy within and across provinces. Does Canada need a national energy strategy? If so, how much government intervention is desirable to realize that end? And is an intergovernmental bargain even possible, let alone sustainable? Initially the chapter broaches these questions by initiating the reader into the effects that jurisdictional boundaries have on policy. The following section details the particular challenges that federal collective-action problems in Canada raise around energy policy. The next section walks the reader through observations about the intergovernmental dynamics that inform energy policy in Canada. The final section discusses the prospects for forging a national
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strategy. To ascertain the extent to which Canada may be able to capitalize on the experience of other federations in this policy field, the conclusion situates these implications in a comparative international context.
JURISDICTIONAL BOUNDARY EFFECTS Space is a way of making sense of the world. Geographical assumptions naturalize the political segmentation of space. The study of intergovernmental relations is particularly afflicted by such assumptions. On the one hand, the hegemonic preponderance of historical institutionalism across the field of intergovernmental relations necessarily causes scholars to gravitate toward the study of institutions, to the detriment of more sociological and ecological perspectives that transcend the institutional explanations. On the other hand, the field of intergovernmental relations is replete with methodological nationalism. By default, its units of analysis are sovereign federal, decentralized and sometimes devolved states, and their semi-autonomous constituent units. Borders have traditionally been understood “as constituting the physical and highly visible lines of separation between political, social and economic space” (Newman 2006, 144). But their actual significance is found in the bordering process that produces them and the institutions that manage them. These institutions “enable legitimation, signification and domination, [and] create a system or order through which control can be exercised” (Newman 2006, 149). They politicize space and bring it under control. Since the people are, ultimately, sovereign, federalism is sustained by the various governments’ accountability to the voters. In a diverse society, however, forging a consensus among voters’ expectations is difficult. Canada’s inability even to attempt to forge an intergovernmental consensus on energy policy and strategy is, as this chapter will show, a case in point. Indeed, although some might claim that Canada’s provincial and national boundaries are little more than arbitrary constructs, these boundaries, their corresponding political institutions, and their territorial priorities, interests, values, and identities weigh heavily on the prospects of achieving a coherent, national intergovernmental energy policy: by mere virtue of different endowment factors, some regions are mainly producers while others are mainly consumers. Quoting Painter (1995, 47): “The state is not only a set of institutions, but a set of understandings – stories and narratives which the state tells about itself and which make it make sense.” The emergence of the state has thus been contingent upon certain processes that have turned space into “state space” (Brenner et al. 2003). Border coefficients to which policy differentials across these sovereign jurisdictions give rise are considerable, and their welfare implications are among the major puzzles in international economics (Obstfeld and Rogoff 2001). Loesch
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(1954) in The Economics of Location reasoned that, according to neoclassic economics, the borders created by these processes are costly because they are barriers to free trade and the free flow of goods, labour, or skills. After controlling for distance and other factors, Engel and Rogers (1996, Table 3, 1117) conclude that the economic impact of the border on price dispersion across US and Canadian cities is equivalent to shipping a good 75,000 miles (although Gorodnichenko and Tesar [2009] subsequently demonstrate that this border effect is entirely driven by the difference in the distribution or prices within the US and Canada). McCallum (1995) calculates that the gravity-adjusted volume of trade among Canadian provinces exceeds provinces’ trade with US states by more than a factor of 20. Provincial borders in Canada (Helliwell and Verdier 2001) and state borders in the United States (Millimet and Osang 2007; Wolf 2000) have a large and economically significant subnational border effect on decreasing substate trade flows. Ceglowski (2003) finds that provincial borders in Canada have a significant impact on intercity price heterogeneity, although the provincial border effect turns out to be an order of magnitude smaller than the estimates for the Canada-US border. Contemporary Canadian economist John Helliwell (1998, 2002) has argued that, economic integration notwithstanding, borders continue to “matter” because they delineate the boundaries of governments. They also circumscribe social networks and human interactions (Hale and Gattinger 2010). And, in federations, they reify and institutionalize autonomy with respect to manifest priorities, interests, and values among jurisdictions.
ENERGY POLICY AS AN INTERGOVERNMENTAL COLLECTIVE-ACTION PROBLEM Flows affect multiple levels of government and multiple jurisdictions. That raises collective-action problems in achieving stable, sustainable agreements among parties. Different priorities, interests, and values make it difficult to reach agreement. In few Canadian policy areas is that more evident than in energy policy. The bulk of energy infrastructure is either in private hands or owned by Crown corporations that operate like quasi-private entities. Section 92A of the Constitution Act (1867) assigns to provincial governments exclusive jurisdiction over non-renewable resources and electricity. Much of the energy infrastructure is subject to provincial jurisdiction, some to federal jurisdiction, still some, effectively, to both. Although government may have greater leverage over Crown corporations, in the end, both Crown corporations and regular private-sector enterprises dealing with energy have massive capital investments over which government has relatively little leverage, other than to regulate or provide incentives to spur or discourage certain kinds of behaviour. The extent of private-sector ownership of critical infrastructure
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exacerbates challenges for government to regulate the flows through that infrastructure. In whose interests is government to regulate: consumers or producers? consuming or producing regions? How competing interests are reconciled is at least partially a function of the government’s locus of power and political support. In a country where energy policy-making and regulation is relatively decentralized constitutionally, these dynamics are bound to give rise to an array of contentious cleavages that are difficult to reconcile. Canada has no coherent national energy policy, nor has it ever had one. From the perspective of intergovernmental relations, Canada has never had a grand bargain in this policy area, let alone sustained one. Pierre Elliott Trudeau’s National Energy Policy is the exemple par excellence of the federal government’s attempt to impose a solution top-down that prompted policy failure and regional alienation, precisely because it did not reconcile the interests of producing and consuming regions. Among provinces, however, there is some agreement, both bi- and multilateral. Although energy sources are changing, it used to be that Atlantic Canada heated primarily with oil, Quebec with electricity, and the rest of the country with gas. Ontario relies on nuclear power to generate the majority of its electricity. Ontario’s demand for electricity peaks in the summer whereas Quebec’s peaks in the winter. Gas pipelines flow from west to east, but also to Canada’s west coast as well as southward; incipient efforts are attempting to switch the flow of some pipelines from gas to oil, to reverse the flow of others, and to build or surge capacity going west, south, and east. The extent to which these efforts have thus far been thwarted, notably by Aboriginal and environmental opposition, is a manifest example of intergovernmental collective-action problems (Alternatives North 2008; Angell and Parkins 2011; Bowles and Veltmeyer 2014; Caulfield 2000; Preston 2013; Van Hinte, Gunton, and Day 2007). The result is a highly variegated system that largely transcends national boundaries and defies a coherent national strategy. Electricity generation and distribution offers a good example because it is not only an energy source but also a means of transmitting energy, which has the advantage that it can be generated using any number of renewable and non-renewable resources. Figure 1 illustrates why in 2003 a tree branch falling on a transmission line in Ohio caused the lights to go out across the northeast. Figure 2 illustrates the diversity and degree of variation in fuel options for the generation of electricity across Canada’s provinces. Figure 3 makes explicit interprovincial differentiation and variation in the integration of North America’s electricity grid. Figure 4 depicts the major current and planned oil trunkline network spanning North America.
Figure 1: Integrated North American Transmission Grid
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Note: Lines shown are ≥345kV interconnections between Canada and the United States;